The treaty simplifies the process for exporting and importing defence articles, defence services, and related technical data between Australia from the United States.

Currently, where an export of a defence article is to be made from the United States to Australia, the exporter must obtain a licence for each export from the United States State Department. Where the value of the export exceeds a certain value, the export also requires the informed consent of the Congress.

The new treaty provides for an export regime which allows the President to authorise the export or transfer of certain defence items and services to Australia without a State Department licence. There will remain export controls and limitations on re-transfers as already established, including the provisions of the International Traffic in Arms Regulations, which prohibit arms exports to certain nations, or where the export ‘would not otherwise be in furtherance of world peace and the security and foreign policy of the United States’.

When Barack Obama became president, it was predicted that his administration would not have the same focus on the Western Pacific as his predecessor. In the twelve months since his inauguration, this has proved true. But despite the administrations’ overt focus on Northern Asia and China, senior Departmental officials and Senators have noted the closeness of the relationship between Australia and the United States. Three of four Senators at a Senate Foreign Relations Committee Hearing in the early December referred to Australia as one of the United States closest allies, highlighting the special relationship between the two countries.

At the same hearing, noting the ratification of the treaty was ‘strongly supported by this administration’, the Assistant Secretary for Political-Military Affairs in the State Department, Andrew
Shapiro, confirmed the two nations shared a ‘special relationship’. Amongst the Committee members, there was unanimous support for the endorsement of the treaty. Committee Chairman John Kerry stated the process was overdue and, subject to review of certain implementation articles, he indicated the Committee would recommend ratification of the treaty early in the new year.

The treaty is a significant recognition of the close relationship between the United States and Australia. The ratification of the treaty will facilitate exports of all but the most sensitive United States defence articles and services. Australia will gain simpler and easier access to United States defence equipment and battlefield technology, and it will facilitate technical collaboration and discussion between Australia and the United States. The treaty also simplifies and enhances opportunities for cooperative security and defence research, and the development of production and support programs, allowing for Australian involvement in more programs similar to the Joint Strike Fighter Program.

Within the Asian region, the treaty would provide Australia with unparalleled access to United States defence articles and services, and unrivalled access to opportunities for defence and technological
collaboration. Members of the Senate Committee recognised the benefits of such collaboration in the current battlefield environment, with United States soldiers fighting alongside Australian soldiers in Afghanistan. Although the treaty is a legacy from the previous administrations in both countries, the current US administration’s embrace of its provisions and the strong recommendation for its ratification augurs well for a continuing close defence relationship the United States and the new administration in Australia as well.

James Boyers is a graduate student at the ANU and is currently an intern in the office of Senator Richard Lugar, the ranking Republican member of the US Senate Foreign Relations Committee.